GARAMENDI v. ALLSTATE INS. CO.

No. 91-55855.

47 F.3d 350 (1995)

John GARAMENDI, Insurance Commissioner of the State of California, in his capacity as Liquidator of Mission Insurance Company, Mission National Insurance Company, Enterprise Insurance Company, Holland-America Insurance Company and Mission Reinsurance Corporation, as successor to Roxani Gillespie, Insurance Commissioner of the State of California, in her capacity as Liquidator of Mission Insurance Company, Mission National Insurance Company, Enterprise Insurance Company, Holland-America Insurance Company and Mission Reinsurance Corporation, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant, and Insurance Company of North America, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1995.


Attorney(s) appearing for the Case

Joseph D. Lee, Munger, Tolles & Olson, Los Angeles, CA, for defendant-appellant.

Karl L. Rubinstein, Rubinstein & Perry, Los Angeles, CA, for plaintiff-appellee.

Before: FLETCHER, PREGERSON, and NORRIS, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

This case presents two questions: First, whether a remand order based on abstention is reviewable, and, if so, whether it can be reviewed on appeal, or only by a petition for a writ of mandamus. Second, and more importantly, we consider whether the Burford abstention doctrine allows a federal court to surrender jurisdiction to a state court in a case in which no equitable relief is sought.

The district court remanded...

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